Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
24 Cards in this Set
- Front
- Back
|
What is the key component of the criminal justice system in the rule of law? |
The first established in the Magna Carta in England in 1215 |
|
|
What functions does the criminal law have? |
Maintaining order, defining the parameters of acceptable behavior, and assisting in general/specific deterrence, among others. |
|
|
Name 2 principles that provide foundation for the Canadian Law |
1) Acteus Reus (The Act of Doing Something) 2) Mens Rea (Guilty intent) |
|
|
What is the Canadian Legal System? |
The Canadian Legal System is the common law system |
|
|
Criminal Law V.S Civil Law |
Significant differences exist between criminal law and civil law. |
|
|
What are the two primary sources of criminal law in Canada? |
1) Legislation 2) judicial |
|
|
In Canadian Society .... |
A wide range of behaviors are deviant but are not against the law. |
|
|
What is a key notion of the law? |
The Law can only be fully understood by examining the social, political structure, and economic contexts within which it exists. |
|
|
View of origins and applications of the criminal law? |
There are different views on the origins and application of the criminal law. |
|
|
Applying V.S Imposing Laws |
The areas in which the criminal law is applied are ever changing, as are the challenges in imposing the law in a diverse society. |
|
|
Canadian Charter of Rights and Freedoms |
The primary law of the land and guarantees fundamental freedoms, legal rights, and quality rights for all citizens of Canada, including those accused of crime. |
|
|
Criminal Law |
That body of law that deals with conduct considered so harmful to society as a whole that it is prohibited by statue and prosecuted and punished by the government. |
|
|
Common Law |
Law that is based on custom, tradition, and practice and is generally unwritten |
|
|
Precedent |
A judicial decision that may be used as a standard in subsequent similar cases. |
|
|
Statute Law |
Written laws that have been enacted by a legislative body, such as the Parliament of Canada |
|
|
Case Law |
Law that is established by previous court decisions and based on the rule of precedent |
|
|
Stare decisis |
The principle by which the higher courts set precedents that the lower courts must follow. |
|
|
Crime |
An act of omission that is prohibited by criminal law. |
|
|
Summary conviction offences |
Generally less serious offences that are triable before a magistrate or judge and, on conviction, carry a maximum penalty of a fine (not to exceed $5000) or six months in a provincial correctional facility or both. |
|
|
Indictable offences |
Generally more serious criminal offences that may carry maximum prison sentences of 14 years to life; ex. murder, robbery, aggravated sexual assault. |
|
|
Hybrid (or elective) offences |
Offences that can be proceeded summarily or by indictment-- a decision that is always made by the Crown. |
|
|
Value consensus model |
The view that the behaviors are defined as criminal and the punishment imposed on offenders reflects commonly held opinions and limits of tolerance |
|
|
Conflict model |
The view that crime and punishment reflects the power some groups have to influence the formulation and application of criminal law. |
|
|
Moral Entrepreneurs |
Individuals groups or organizations that seek action against certain groups of people or certain behaviors and bring pressure on legislators to enact criminal statues. |
